STATE, EX REL. LIGHTLE, v. GLASS

No. 83-1626.

8 Ohio St. 3d 1 (1983)

THE STATE, EX REL. LIGHTLE, RELATOR, v. GLASS, AUDITOR, RESPONDENT.

Supreme Court of Ohio.

Decided November 3, 1983.


Attorney(s) appearing for the Case

Messrs. Spater, Gittes & Terzian, Mr. Frederick M. Gittes and Mr. Gordon G. Hobson, for relator.

Mr. James A. Berry, prosecuting attorney, Mr. Kenneth M. Elder and Mr. Thomas W. Wilson, for respondent.


Per Curiam.

R.C. 305.31 states in part that the "county auditor shall, after ten days, and not later than * * * the seventy-fifth day before the day of election, certify the text of the resolution * * *." (Emphasis added.) Applying this time frame to the facts of the instant case it can be seen that if respondent has a clear legal duty, the time during which he should have performed it was somewhere between May 9, 1983 and August 25, 1983. Relator's...

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